U.S. v. AREVALO-JUAREZ

No. 05-16313.

464 F.3d 1246 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Noe AREVALO-JUAREZ, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 15, 2006.


Attorney(s) appearing for the Case

Amy Lee Copeland, Robert M. Brennan, Savannah, GA, for U.S.

Robert J. Erb (Court-Appointed), Savannah, GA, for Defendant-Appellee.

Before MARCUS, WILSON and COX, Circuit Judges.


MARCUS, Circuit Judge:

The United States appeals from a sentence of 30 months' imprisonment imposed by the district court on Noe Arevalo-Juarez, a citizen of Mexico. Arevalo-Juarez pleaded guilty to a charge of unlawful reentry into the United States after removal following a felony conviction, in violation of 8 U.S.C. §§ 1326(a) and (b). On appeal, the government argues that the trial court erred by sentencing Arevalo-Juarez to a term of imprisonment below...

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